Licence agreement – municipal and county authorities
Model agreement negotiated by KS and Kopinor
Agreement
relating to the reproduction and use of copyright protected material in the course of municipal and county authority activities, including teaching activities, during the period 1.1.2022–31.12.2025
between
the Licensee
(the municipality/county authority, as indicated in the agreement confirmation letter)
on the one hand
and
Kopinor
on behalf of the members of the Norwegian Authors’ Union, the Norwegian Publishers’ Association, Norwegian Specialized Press Association, Norwegian Association of Fine Arts Photographers, The Norwegian Society of Authors, Grafill – Norwegian Organisation for Visual Communication, Norwegian Media Businesses’ Association, Norwegian Music Publishers’ Association, NOPA – Norwegian Society of Composers and Lyricists, Norwegian Association of Professional Photographers, Norwegian Non-Fiction Writers’ and Translators’ Association, Norwegian Union of Journalists, the Norwegian Society of Composers, Norwegian Critics’ Association, the Norwegian Association of Literary Translators, the Association of Norwegian Editors, Norwegian Comedy Writers’ Association, Norwegian Association of the Periodical Press, Norwegian Writers for Children, the Association of Norwegian Visual Artists, Writers’ Guild of Norway, Norwegian Association of Arts and Crafts, New Music Composers’ Group and foreign rightsholders’ organisations
on the other hand.
INTRODUCTION
Subject to the conditions stipulated in this agreement, the licensee shall be entitled to reproduce and use protected, published material from Norwegian and foreign publications whose rightsholders are represented by Kopinor.
Pursuant to sections 46, 47 and 63 of the Copyright Act, the licensee shall also be entitled to reproduce material created and published by rightsholders not represented by Kopinor (extended collective licence).
Such permission is conditional upon reproduction supplementing, rather than replacing, the purchase of published material, so as not to damage the legitimate interests of rightsholders and the normal exploitation of their works. Reproduction shall thus occur only when it is not reasonable or natural to obtain the material from a bookshop, picture archive, etc. or directly from the rightsholders.
CHAPTER 1 – SCOPE OF AGREEMENT
Section 1
The agreement shall apply to the reproduction of protected published material for use in the activities of the licensee (including administration and ordinary operations), and in-house teaching activities. The agreement shall not cover independent enterprises and companies which are wholly or partly owned by the licensee.
The agreement shall not limit reproduction authorised by law or reproduction agreed directly with the author and the publisher or a representative of these parties. Any licence agreements and purchase conditions by which the licensee is bound shall take precedence over this agreement. Such licensed content may still be copied under the terms of this agreement, unless otherwise explicitely specified in the licence agreement or the terms of purchase.
The agreement shall not cover the reproduction of:
- audio and audiovisual works (sounds and moving images)
- computer software
- computer games, interactive learning tools, etc.
- original works of visual art and photographs, etc.
The agreement shall only cover the digital reproduction of daily newspapers for teaching purposes, not for other municipal or county authority activities, although photocopying, printouts and reproduction for use with video projectors, etc. shall be permitted in all cases.
CHAPTER 2 – NAMING THE AUTHOR, ALTERATIONS, ETC.
Section 2
The author shall be named, and the title and source of the work shall be stated in the manner required by proper usage (see section 5, section 23 fourth paragraph, and section 25 of the Copyright Act).
This agreement shall not authorise the alteration, adaptation or translation, etc. of protected material, and protected material shall not be used in a prejudicial manner (see section 5 of the Copyright Act).
CHAPTER 3 – DEFINITIONS
Section 3
In this agreement, PROTECTED material shall mean literary and artistic works (see section 2 of the Copyright Act), photographic images (see section 23 of the Copyright Act), and works that are protected under section 24 of the Copyright Act (databases). The agreement shall thus cover the reproduction of published material in the form of writings of all kinds; drawings and graphic works of an artistic, scientific or technical nature; maps; pictures of paintings, sculptures and other visual artworks, architectural works and examples of artistic crafts or applied art (both pictures of models and pictures of the actual works); musical scores/tabulatures with or without text; photographic works and images; as well as forms, tables, catalogues and similar works that are protected under section 24 of the Copyright Act.
Decisions and other statements relating to the exercise of authority by public bodies, for example laws, court decisions, administrative regulations and NOUs (Official Norwegian Reports), etc. are not protected under the Copyright Act (see section 14 of the Copyright Act).
In this agreement, PUBLISHED material shall mean a reasonable number of copies of protected material that has been brought onto the market or otherwise distributed to the public with the consent of the author, the photographer or the database producer, respectively, including material made available on the internet (see section 10, second paragraph, of the Copyright Act), as well as musical scores and dramatic works which have been made available to the public in written form or are held in archives for distribution, as well as reproductions, transcriptions or printouts of such material.
In this agreement, REPRODUCTION shall mean the making of copies to and from paper as well as any digital formats, including photocopying, scanning, photography, digital storage, printouts, drawings and transcriptions.
A PRESS CLIPPING shall mean material from periodic publications, although not from scientific journals.
A COLLECTION OF MUSICAL SCORES shall mean a collection of musical scores with or without text.
A SINGLE MUSICAL SCORE shall mean a publication of an individual musical score with or without text.
CHAPTER 4 – USE OF REPRODUCTIONS
Section 4
Reproductions may be made for use in the activities of the licensee and for use in in-house teaching activities (see section 1, first paragraph), including the provision of reproductions to colleagues at cooperating institutions or for use in liaison committees for such cooperating institutions.
Reproductions made in accordance with this agreement may be made available via the enterprise’s/the individual school’s internal, closed networks (learning platforms, intranet, archives, etc.), projections onto a screen/canvas, electronic board, etc., by email to employees, students, guardians, etc.
However, systematic sharing of learning resources, etc. between schools shall not be permitted.
Section 5
Under this agreement, reproductions may be made for participants in seminars, courses, etc. arranged by the licensee.
Section 6
The agreement shall not cover reproduction in a public library for delivery to a borrower. This provision shall not prevent reproduction where reproduction is authorised by the Copyright Act or its related regulations or other provisions.
Section 7
The making of copies for publication in print or digital format (including online publication) or for other distribution and making available to the public shall not be permitted.
Section 8
The agreement shall not authorise reproduction which has the character of a publishing activity, even if such reproduction is only undertaken for the employees, students, etc. of the licensee.
The production of song collections of a permanent nature and the use of reproductions in publications, whether in printed or digital form, which appear to be independent products with their own names, own editors, etc. shall always be considered to be a publishing activity, as shall the use of works as part of internal marketing.
However, the provision in the first paragraph shall not prevent protected material from being reproduced in an internal bulletin, school newspaper or other information material in print form where the intended audience is the licensee’s own elected representatives, employees, students and guardians.
Section 9
The compilation of databases of defined categories of works (for example a newspaper archive, a database of visual artworks, etc.), shall not be permitted.
The agreement shall authorise the reproduction of collections of press clippings (photocopies and printouts of daily newspapers; see section 1, fourth paragraph), for use within the enterprise.
Section 10
The agreement shall not authorise reproduction for use by established choirs, bands/school bands, orchestras and similar ensembles. Such ensembles shall conclude separate agreements. However, the agreement shall cover teaching given to participants in such ensembles which is undertaken under the auspices of municipal music and cultural schools.
CHAPTER 5 – THE EXTENT OF REPRODUCTION
Section 11
Subject to the exceptions otherwise set out in this agreement, an individual employee, student, etc. shall be permitted to reproduce up to 15% of the total number of pages of an individual book or similar publication (including hymn books and songbooks). However, an entire short story, entire scene from a play, entire chapter or similar unit may always be reproduced from an individual publication. (Concerning musical scores, see section 14.)
In the case of individual books or similar publications which are no longer available from bookshops or directly from the publisher, reproduction of up to 30% shall be permitted on corresponding terms. Before the right of reproduction in excess of the limit stipulated in the first paragraph is used, the licensee shall be required to ascertain by means of a written enquiry of the publisher that the title cannot be obtained within a reasonable period of time by means of publishing on demand or similar means.
Section 12
The limitations set out in section 11 shall not apply to reproduction from periodic publications such as newspapers, weekly periodicals, and cultural and professional journals. Reproduction from scientific journals, i.e. journals dealing with research and research results, the extent of reproduction shall be limited to two articles from a single issue by a single individual.
There shall be no limitation on the extent of reproduction from brochures and other publications intended for free distribution.
Section 13
Material published lawfully on open websites may be reproduced without volume restrictions.
Section 14
Reproduction from single musical scores and from collections of musical scores shall be limited to 15% of the total number of pages, subject to a maximum of 10 pages from an individual publication. However, the reproduction of an entire movement from a single publication shall always be permitted provided that the publication numbers at least 12 pages. If the original musical score no longer is in print, or available from the publisher, entire copies of a single musical score or up to 30% of a collection of musical scores can be made for employees, students etc. This is on the condition that the licensee to their best ability has made sure that the musical score can not be acquired within a reasonable time frame, e.g. by contacting the original publisher. See also Section 10.
Section 15
Regardless of the rules in sections 11 to 14, the agreement shall not authorise:
- reproductions of collections of forms and tables prepared for teaching purposes,
- reproductions of work books or other printed material for one-off use and designed to be filled out, such as forms, etc.,
Section 16
The limitations in sections 11 to 15 shall not apply to reproduction for use in examinations, all-day tests or other general tests.
Section 17
Kopinor shall undertake to make its best efforts to assist in obtaining permission from authors and publishers for reproduction, etc. beyond what is permitted under this agreement.
CHAPTER 6 – NOTIFICATION AND INFORMATION
Section 18
The licensee shall ensure that employees and other persons who are entitled to produce or use reproductions under this agreement are informed of the provisions of the agreement.
Upon the conclusion of the agreement, the licensee shall appoint a contact person for this agreement, and shall thereafter keep Kopinor informed of the identity of this person at all times.
CHAPTER 7 – PAYMENT
Section 19
The remuneration is based on the following:
- for primary schools except schools for music and performing arts: NOK 207,22 per student
- for schools for music and performing arts: NOK 67,18 per student doing music specialisation and NOK 1,06 per student with other specialisations
- for secondary schools: NOK 197,45 per student
- for vocational schools: NOK 177,70 per student
- for administrative functions/positions in the municipality/county authority: NOK 169,11 per full-time equivalent
Section 20
Full-time equivalent in the municipality/county authority is aquired from the KS’ PAI-register as per December 1. Administrative functions/positions make up 1/3 of the full-time equivalents in the municipality/county authority except full-time equivalents in schools, day care facilities for schoolchildren and schools for music and performing arts. The number of full-time equivalents as per December 1 is the basis for the calculation the following year.
The number of students in schools run by the municipality/county authority is obtained from the latest available information in «GSI» (the primary and lower secondary schools), «KOSTRA» (upper secondary schools) and «Database for statistikk om høyere utdanning» (vocational schools).
Section 21
All remuneration as mentioned in section 19 is rounded to the nearest øre, according to the CPI of October 15 the previous year, first time per 15.10.2022, taking effect from 1.1.2023.
Section 22
The remuneration is due for payment annually no sooner than June 30. Kopinor invoices the licensee no later than one month prior to this.
CHAPTER 8 – STATISTICAL SURVEYS
Section 23
The licensee accepts that Kopinor during the span of the agreement period may conduct a sample survey to gain knowledge of the municipality/county authority’s reproduction and use of copyright protected material, i.a. to determine the distribution of remuneration to rightsholders at home and abroad.
Section 24
If the licensee is chosen to participate in a statistical survey, they are obligated to do this in accordance with the instructions given by the bureau in charge of conducting the survey.
CHAPTER 9 – BREACH AND COMPENSATION
Section 25
In the event of a breach of the agreement, a correction deadline of 30 days from receipt of a written notice of breach shall apply.
Section 26
If a party commits a material breach of the agreement, and the matter is not corrected in accordance with section 25, the other party shall be entitled to cancel the agreement with immediate effect. Cancellation shall be declared in writing, specifying the grounds for cancellation. Compensation for breach may be claimed regardless of whether or not the agreement is cancelled.
Section 27
This agreement shall not constitute a waiver by the rightsholders of their right to claim compensation from and initiate legal proceedings against the licensee in connection with reproduction which is not permitted under this agreement. If the licensee has complied with Kopinor’s requirements, Kopinor shall be obliged to settle the rightsholders’ claims in respect of the exploitation in question.
CHAPTER 10 – MISCELLANEOUS PROVISIONS
Section 28
Kopinor shall be obliged to settle any claims for payment or compensation which the licensee may receive from Norwegian or foreign rightsholders, provided that the claims relate to reproduction which has been paid for and undertaken in accordance with the provisions of this agreement (see also section 64 of the Copyright Act). The licensee shall not be obliged to settle such claims, and Kopinor shall indemnify the licensee against any claim and costs made against the licensee in connection with such a claim.
If a claim is received, the licensee shall reject the claim and refer the claimant to Kopinor. Claims shall not be settled until Kopinor has been consulted. Kopinor shall be entitled to intervene in any dispute relating to the claim.
Section 29
Subject to agreement, Kopinor shall be entitled to visit the licensee to obtain information about the licensee’s reproduction procedures and thus to gain insight into how the provisions of this agreement are applied in practice.
CHAPTER 11 – DISPUTE RESOLUTION
Section 30
If negotiations concerning the conclusion, extension or renegotiation of the agreement are unsuccessful, either party shall be permitted to demand mediation pursuant to section 65 of the Copyright Act.
Section 31
If a dispute arises between the parties about the interpretation or existence of the agreement, a breach of the agreement, or claims which are otherwise based on the agreement, the parties shall first seek to resolve the dispute through negotiations.
If agreement is not reached through negotiations, either party shall be entitled to initiate legal proceedings before the Norwegian courts.
CHAPTER 12 – DURATION/CESSATION OF THE AGREEMENT
Section 32
The agreement shall apply for the period 1.1.2022–31.12.2025.
Section 33
Upon cessation of the agreement, the licensee shall ensure that all reproduction of protected material which is not permitted pursuant to law or special agreement with rightsholders ceases.
After cessation of the agreement, reproductions made pursuant to the agreement may only be stored for archiving purposes and, in relevant cases, further case processing, but not be re-used actively.
The licensee shall nevertheless be permitted to continue making reproductions subject to the conditions of this agreement for the duration of negotiations concerning a new reproduction agreement. This also applies during a mediation process.
If a new agreement is concluded, the conditions in the new agreement shall apply as of the date on which the new agreement takes effect.